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2014 (3) TMI 241 - UTTARAKHAND HIGH COURTValidity of Assessment – Rejection of accounts - Estimation of Turnover - Best Judgment – U. P. Trade Tax Act, 1948 Section 7(3) - Held that:- while the Appellate Authority proceeded on the basis that the daily sale was ₹ 3,500/-, the Tribunal held that the daily sale was ₹ 10,000/-. Tribunal, ultimately, assessed the taxable turnover at ₹ 27.75 lacs. Apart from the finding that on 14th April, 2004, revisionist assessee had sold ₹ 3,000/- worth of food from morning till 6:50 PM, there was nothing else available for the Assessing Authority or the Appellate Authority or the Tribunal to reasonably assess the turnover for the said financial year. In addition to that, the fact remains that the turnovers for the subsequent years were accepted at substantially low figures - Therefore, neither the assessment by the original Authority, nor the assessments by the Appellate Authority or by the Tribunal are sustainable. They are, accordingly, quashed. The matter is remitted back to the Assessing Authority to make a fair assessment on the basis of materials available on record - Decided in favour of assessee.
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